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Forex CT ordered to pay $20M for unconscionable sales tactics
Ashurst 2021-05-03 3:06 pm By Cindy Cameronne Sydney

ASIC has won a $20 million judgment against derivative trader Forex CT for using “unfair” sales tactics and misleading clients into making trades from which the company would benefit even when they had informed their adviser they had limited financial resources.

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Court OKs $440M settlement in Queensland floods class action
Class Actions 2021-05-03 2:46 pm By Christine Caulfield Melbourne

A $440 million settlement by the State of Queensland and dam operator Sunwater resolving a class action over the 2011 Queensland floods has been approved by a NSW judge.

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Futura Resources unit loses appeal of R&D tax offsets over coking coal project
Andrew Bailey 2021-05-03 12:06 pm By Miklos Bolza Sydney

A unit of coal mining company Futura Resources has failed to convince the Full Federal Court to allow it to register a 2012 coking coal mine investigation conducted in Central Queensland for a research and development tax offset.

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Qantas wins eleventh hour injunction in dispute with Virgin-bound exec
Darrell Barnett 2021-04-30 11:06 pm By Cat Fredenburgh Melbourne

Qantas has secured a temporary injunction from a Singapore court blocking a former company executive from starting a new position at competitor Virgin Australia.

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Judges may have ‘blind spot’ when hearing applications for their own recusal, ALRC told
Justice Sarah Derrington 2021-04-30 4:14 pm By Cindy Cameronne Sydney

The Australian Law Reform Commission has suggested judges should transfer applications for their own disqualification to a separate duty judge to decide, after hearing concerns about how the “bias blind spot” may operate in the existing self-disqualification procedure.

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Director can’t represent Oculus in Guvera investor class action
Accounting 2021-04-30 2:57 pm By Cat Fredenburgh Melbourne

A director of Gold Coast accounting firm Oculus has lost his bid to represent the company in a class action by investors in failed music streaming platform Guvera, with a judge unconvinced the company lacked the means to fund the litigation and finding the director was not suitable to represent the company.

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Law firm should rethink putting up own solicitor as expert in group costs order bid, judge says
Catherine Hamilton-Jewell 2021-04-30 12:03 pm By Christine Caulfield Melbourne

The judge overseeing the first ever bid for a group costs order in a class action that will give the plaintiff’s law firm a percentage cut of the proceeds has urged the firm to rethink characterising its own solicitor as an expert.

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Clive Palmer hit with $1.5M in damages for ‘contemptuous’ infringment of Twisted Sister anthem
Alexander Law 2021-04-30 10:23 am By Miklos Bolza Sydney

A judge has ordered mining magnate Clive Palmer to pay damages of $1.5 million to Universal Music for his “contemptuous” behaviour in infringing “substantial parts” of Twisted Sister’s 1985 heavy metal hit ‘We’re Not Gonna Take It’ in advertisements for his political party.

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Ben Roberts-Smith accused of threatening ex-wife ahead of defamation trial
Bruce McClintock 2021-04-29 7:18 pm By Cindy Cameronne Sydney

Ben Roberts-Smith threatened legal action against his ex-wife, who is set to give evidence against him in an upcoming defamation trial, if she disclosed information to Fairfax’s lawyers that is subject to a confidentiality agreement, a court has heard.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield Melbourne

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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